La tua attività è: il modo in cui ti trovi in una situazione del genere בגרמניה

By Robert Fichter, IP del getto

In 2022, Germany led Europe with an impressive GDP of 3,869 billion Euros, ahead of the UK and France, which reported 2,904 and 2,639 billion Euros, respectively. Germany’s robust intellectual property system offers protection for technical inventions through both patents and utility models.

As per the German Patent and Trademark Office (DPMA – GPTO), around 10,000 utility models were filed in 2022, with 70,253 utility models active by the year-end. Most proprietors (58.3%) are German, but Chinese entities own 12.2% of these models, followed by Indian (6.8%) and US owners (3.8%).

Approximately 10% of these models are filed via the branching-off procedure (“Abzweigung”), a unique mechanism in German IP law that expedites enforceable rights from any pending patent application for Germany.

This article provides a detailed guide to the utility model registration procedure in Germany, explaining how you can protect your invention in this significant European market.

Contents

1. What can be registered as a utility model in Germany?

2. The process of utility model registration in Germany

3. Novelty requirements for German utility models

4. Documents required for registering a utility model in Germany

5. The utility model cancellation process in Germany

6. Costs related to utility models in Germany

7. The German utility models as a hidden champion

8. Final thoughts 

1. What can be registered as a utility model in Germany?

A German utility model, similar to a patent, needs to be novel, inventive, and applicable in industry.

However, certain types of inventions are not eligible for protection. These include discoveries, scientific theories, aesthetic creations, mental acts, business methods, data processing programs, information presentations, inventions violating public policy, and biotechnological inventions.

Unlike patents, German utility models cannot protect methods. However, product-by-process claims and specific uses, like known substances for medical uses, are permissible.

2. The process of utility model registration in Germany

German utility models undergo only a formal examination to ensure the subject matter isn’t excluded from protection. They are registered quickly, typically within 2 to 3 months post-filing, making them an essential tool in the European IP landscape.

Although substantive examination is not required, applicants can request a prior art search from the GPTO, receiving a report for informational purposes.

Applications can be initially filed in any language, provided a certified German translation is submitted within three months.

Direct filings of German utility models can be made with or without priority claims, and they can support subsequent patent applications, such as German national, European, or PCT applications.

The maximum protection period is 10 years, with renewals required after 3, 6, and 8 years. You can also explore how to register a trademark in Germany.

Furthermore, during pending patent applications, a German utility model can be branched off. This is possible until two months after the conclusion of patent processing or opposition procedures, within 10 years from the original filing date.

Another unique feature of German law is that a granted patent is considered “pending” during opposition procedures, allowing a utility model to be branched off during this period, adding strategic importance to this option.

3. Novelty requirements for German utility models

The law grants a six-month grace period for disclosures made by the applicant or their predecessor before the priority date. This makes German utility models a last resort for protecting inventions disclosed prematurely.

Both patents and utility models for the same invention can coexist in Germany.

4. Documents required for the registration of a utility model in Germany

Filing utility models is simplified through the GPTO’s e-filing software, negating the need for paper documents. No Power of Attorney is necessary unless the applicant is non-resident, in which case a German patent attorney must file the model.

Application fees should be paid within three months after filing, with immediate payment recommended.

A German translation of the application must be submitted within three months. It must be certified by a German patent attorney or translated by a publicly appointed translator.

The application must include the description, claims, and figures (if applicable).

5. The utility model cancellation process in Germany

Unlike patents, utility models are not subject to opposition procedures. However, their validity can be challenged at the German Patent and Trademark Office through a request and fee payment. Appeals can be made to the Federal Patent Court in Munich, and under special circumstances to the German Federal Supreme Court.

This invalidity procedure involves written arguments and an oral hearing, culminating in an appealable decision. The losing party bears the costs. During the process, the utility model’s proprietor can modify the claims to address any prior art cited.

6. Costs related to utility models in Germany (as per the publication date of this article)

Application:

Renewal:

Cancellation:

The cost of filing a utility model in Germany through the iPNOTE platform starts as low as $406, including all government fees and the initial filing stage. Discover the best IP attorney in Germany on iPNOTE.

7. The German utility model as a hidden champion

Several compelling reasons make filing a German utility model advantageous:

1. Low filing fees: For just €30, one can file a German utility model, either directly or through the branching-off procedure.
2. No prosecution fees: The utility model is registered without a substantive examination unless it includes unallowable subject matter or formal errors.
3. Fast procedure: Registration usually takes a few months. The utility model is published immediately after registration, allowing it to be used as a defensive publication to prevent others from patenting an invention you are not interested in patenting.
4. Novelty grace period: The 6-month novelty grace period offers a way to secure protection for inventions previously disclosed by the applicant in Germany.

Litigation offers further benefits:

1. The utility model is enforceable from registration. This provides a powerful tool against infringers entering the German market while awaiting the grant of a pending patent application.
2. Damages can be claimed from registration. This might yield higher compensation compared to pending patent applications.
3. The claims of a branched-off utility model can be tailored to the infringing product. Amendments are allowed to better fit the infringing product, facilitating easier enforcement through preliminary injunctions.
4. Multiple utility models can be branched-off from a single pending patent application. This provides a robust enforcement strategy against an infringer.

8. Final thoughts 

Germany’s strong economy and well-established IP system make it an attractive destination for protecting inventions. With the highest GDP in Europe and an efficient utility model system, Germany offers a cost-effective, quick way to protect technical inventions. With low filing fees, no prosecution costs, and fast registration, German utility models are a powerful tool against market infringers.

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